Mayor Forms Committee to Study Historic Preservation

The next meeting of the Historic Preservation Committee will be February 7 and will include two guest from
the State Historic Preservation Office Grants and Publications division. Mayor Joanne Cocchiola announced the formation the committee to study the feasibility of a Historic Preservation Ordinance for the township. The group first met in October and consists of several members of the Planning Board, several builders who do work in the township, and two members of the NCPP. The mayor stated that the proposal previously presented by the League of Women Voters was too onerous; specifically, designating an entire street or  area, such as Enclosure, as a historic zone might infringe upon the rights of homeowners who did not wish to be included in such a designation. She went on to ask the Planning Board to draft a revision through the work of a committee.

Cocchiola added that she would never want the township to be in the position of losing a landmark structure, such as the Nutley Bank Building on Franklin Avenue (at Chestnut Street) again without having any means of protecting such a structure, and therefore an ordinance was in order.

Site Plan Approved for 71 Apartments on River Road

At an recent meeting, the Nutley Planning Board granted approval of a site plan for 65 River Road consisting of a 71-unit multi-housing complex. The property sits between the Sleepy Hollow and Gateway developments. The property lies within a former industrial site.

Consisting of four buildings, the proposed fourth building, or "Building 4," would require a variance for rear-yard setback. Because the lot is irregularly shaped, the developer is claiming a hardship.

 

Prospect St. Property Subdivided; Landmark Tree Saved
Bulldozers have already cleared what was a shrub-and-tree-filled lot on Prospect Street (at the head of Raymond Avenue) and the frame of a new home has already taken shape at the site. A huge oak tree was saved from being cut down, in part, by many residents calling the Code Enforcement Office to voice their concern about protecting the tree. Good job, folks!

Area residents, as well as the NCPP, have expressed concern about such subdivisions, which can drastically alter the character of a neighborhood, contribute to overcrowding, and strain services.

Nutley's Planning Board granted a permit for a major subdivison for the site last year, citing current law which permits such a project. The lot in question can be legally subdivided under current township ordinance.

The NCPP has urged the Board, Commissioners, and Mayor Cocchiola to revise zoning laws which permit such subdivisions, given the alarming increase in recent years of many high-density projects.

 

Nutley Community Preservation Partnership

    
       

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(Oct. 10) Tom Evans was the guest speaker at the NCPP's October monthly meeting. Evans is Nutley's Commissioner of Revenue and Finance. Evans spoke with audience members for nearly two hours discussing a wide range of issues, including Nutley's revaluation, development, and school funding.

 

■ Finance Commissioner Tom Evans

   Speaks at NCPP Meeting

■ NCPP Joins Nutley Chamber

   of Commerce

(Oct. 12) NCPP officers and directors join with members of the Nutley Chamber of Commerce in a ribbon-cutting ceremony in front of the Chamber offices. "Nutley is fortunate to have a real downtown and our organization wants to promote our town's stores and businesses," said Jim Levendusky, NCPP President.

■Thunderous Applause as Citizens Tell Town Leaders: Enough is Enough!

(Oct. 18, 2007)  Scores of concerned Nutley citizens publicly expressed frustration and anger over the Zoning Board of Adjustment's lack of concern about the Township's future at a joint meeting of the Planning and Zoning boards.

Those standing before the microphone to rebuke the wayward Zoning Board received thunderous applause from the packed hearing room.

The annual report of the Zoning Board of Adjustment--required by NJ State Law -- reveals a staggering 98 percent variance approval rate, an increase from an already high 91 percent approval rate in 2005. Under State of New Jersey Municipal Land Use Law, variances should be the exception, not the rule, and the existence of a hardship must be proven. The Zoning Board's tendency to grant almost all requested variances fundamentally renders the work done by the Planning Board null and void.

The Mayor, in response to a taxpayer's question, disclosed that the Township just authorized payment of nearly $7,000 in legal fees -- the cost so far to taxpayers in defense of the Zoning Board's decision to grant numerous variances to a local developer. 

■ Remarks by NCPP President Jim Levendusky to the Oct. 18 Joint Meeting of Nutley's Planning and Zoning Boards

Good evening,

I am here this evening to speak on behalf of myself and as a representative of the Nutley Community Preservation Partnership. Before I go on to the comments that I prepared for this evening, I just want to touch on a couple of points that previous speakers mentioned. First, I would think that the purpose of a garage is to keep a car out of sight. So, the issue isn’t simply to provide parking but to prevent a property from looking like a parking lot, or, depending on the condition of the cars, a junkyard.

I would also like to commend Commissioner Evans for his comments and request that the Planning Board review the master plan with an eye toward revitalizing Nutley’s commercial districts. We too are very much in favor of “smart growth.”

A year ago, I came to this very same meeting, and at the time I really didn’t know anyone on the various boards, nor did I know very much about their functions or responsibilities. So, I mainly sat in the audience and listened and learned. Over the past year, I have attended many meetings of the Board of Commissioners, the Planning Board. and the Zoning Board. I’ve also learned quite a bit about New Jersey’s Municipal Land Use Law, and I would like to share with you some of my observations in the hope that they may be of value to you.

The biggest problem that Nutley appears to have is, in a word, variances, and more specifically, variances granted by the Zoning Board of Adjustment. I have the chart that was distributed at last year’s meeting listing cases heard in 2005. Of all cases that were heard and judged by the Zoning Board, better than 91% had their applications granted. That’s almost like a baseball player getting a home run almost every time at bat. It doesn’t happen in baseball and it shouldn’t be happening here.

I took a quick look at the chart that was handed out for this meeting, and if I am reading it correctly, better than 98% of all cases from 2006 had their variances granted by the Zoning Board.

The Municipal Land Use Law of New Jersey requires applicants to prove hardship and then overcome an additional burden of proof that the relief they seek can only be had from variances to zoning ordinances and that these variances, in total, will not have any significant adverse impact on neighbors. In all the meetings of the Zoning Board that I have attended, very seldom have I heard applicants questioned on the issue of hardship. Residents asking for a variance to build a fence might be lightly questioned, but in those meetings where I have been present, I have never heard a developer asked to provide proof of hardship. This simply is not right.

This tendency by the Zoning Board to grant almost all variances requested of them virtually renders everything done by the Planning Board null and void. It’s as if the Planning Board never existed. It’s as if the Master Plan never existed. It’s as if the Zoning Ordinances never existed.

On behalf of the members of the Nutley Community Preservation Partnership, I want to express our deep disappointment with the performance of the Zoning Board. It is this performance that causes the citizens of our town such deep distress at seeing changes made to the character of Nutley and I call upon all the members of these boards to recognize how their actions deeply impact our town’s quality of life and the quality of life of Nutley residents.

 

 

 		  
   

A bit of background

Back in 2000, the League of Women Voters drafted a proposed Historic Preservation Ordinance which would cover designated historic structures and historic districts within the township. The ordinance would create a Historic Preservation Commission, a body that would oversee the historic designation and preservation efforts within the community. The board would suggest the designation of any further buildings or districts as historic. Township commissioners would have the final vote on any inclusion.

The League compiled a list of structures which it recommended for historic designation, including the Van Riper House Museum on River Road, the Nutley Museum building on Church Street, and Kingsland Manor on Kingsland Road.

Since the initial proposal, the ordinance has languished with the various sets of commissioners who have served during the past six or so years.

 The NCPP in the coming months hopes to persuade the mayor and commissioners to reconsider the passage of a historic preservation ordinance. The timing is appropriate, since an increasing number of Nutley's historic buildings are being demolished in the recent wave of overdevelopment.

In its current form, the proposed ordinance imposes no restrictions on the majority of homeowners. The only areas with restrictions would be the Enclosure and Erie Place Historic Districts. The list of restrictions imposed on these structures is very limited, and a homeowner can choose not to be included.

 It’s time to save what’s left of Old Nutley, and preserve what remains of our architectural history. Many other communities in our area, including Newark and Montclair, have such ordinances. Nutley should not be left behind. We’ve already lost so much in a short period of time.